W. J. White Co. v. Winton
California Court of Appeal
APPEAL from an order granting a motion to correct the record of filing notice of appeal. George H. Cabaniss, Judge. Reversed. The facts are stated in the opinion of the court.
1Opinion of the CourtWaste, P. J.
This is an appeal from an order granting defendant’s motion to correct the record by changing the file-mark upon her notice of appeal from January 17 to January 16, 1918.
[1] It is conceded, as of course it must be, that in :the taking of an appeal the notice thereof must be both served and filed within the time permitted by law. Neither alone is sufficient. In the present proceeding it appears that the plaintiff had obtained a judgment against the defendant, and that the last day upon which the latter might take, an appeal was January 16, 1918. On that day she served a notice of appeal, and…
2Cases cited4 opinions
- Edwards v. GrandCalifornia Supreme Court · 1898
- Hoyt v. StarkCalifornia Supreme Court · 1901
- Broder v. ConklinCalifornia Supreme Court · 1898
- Boyd v. DesmondCalifornia Supreme Court · 1889
3Cited by14 opinions
- People v. SlobodionCalifornia Supreme Court · 1947
- Casalduc v. DiazCourt of Appeals for the First Circuit · 1941
- City of El Monte v. City of IndustryCalifornia Court of Appeal · 1961
- Thompson, Curtis, Lawson & Parrish v. ThorneCalifornia Court of Appeal · 1971
- Andrews v. MetznerCalifornia Court of Appeal · 1927
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